[6] Wang Leehom Allegedly Cheated Multiple Times: Is the Fidelity Agreement Valid?

[2] Compiled from: Tencent News, Civil and Commercial Law Litigation Practice
 
Case review
In recent days, the "infidelity scandal" surrounding Wang Leehom's divorce has continued to dominate major mainstream media platforms. On December 15, Wang Leehom officially announced his divorce from Lee Jinglei, citing differences in personality and lifestyle as the reasons. He also stated that, in order to protect his family's privacy, he would not make any further responses afterward.

 
 

On December 16, Wang Leehom was exposed for having an affair during his marriage, maintaining ambiguous relationships with specific women, which also implicated several female celebrities, including the married star Vivian Hsu. Sun Yu of the BY2 duo was further reported to have had an affair with Wang Leehom during his marriage. Immediately afterward, Wang Leehom spoke out, confirming that the female celebrities linked to the rumors had no extramarital affairs or ambiguous behavior. Subsequently, Vivian Hsu posted a statement clarifying her relationship with Wang Leehom, stating they were just “good friends” with no excessive involvement.
 
On December 17, Lee Jinglei, the ex-wife of Wang Leehom, published a 4,000-word lengthy post accusing Wang Leehom of marital infidelity, flirtatious behavior with married female celebrities, and other significant revelations, shedding light on the true reasons behind their divorce. Instantly, the facade of Wang Leehom’s “quality man” image was torn apart, and he was thrust to the top of trending searches, drawing widespread attention across the internet.

 
 

While enjoying the gossip, many netizens also wonder: if a loyalty agreement is signed in advance, can it better protect oneself?
 
 
Civil Code of the People's Republic of China
Article 1043 [Advocacy Provisions for Marriage and Family]
A family should cultivate good family values, promote family virtues, and emphasize the development of a civilized family.
Spouses shall be faithful, respectful, and caring to each other; family members shall respect the elderly, love the young, help each other, and maintain an equal, harmonious, and civilized marital and family relationship.

 

 
[1] The author's perspective
From the above legal provisions, it can be seen that spouses should be faithful to and respect each other. To safeguard the marital relationship, many couples sign a “loyalty agreement” in advance, so that if the other party commits infidelity in the future, they can still obtain some financial protection. However, is such an agreement really valid?
 
First, the Supreme People's Court has clearly explained in the book "Understanding and Application of the Marriage and Family Section and Inheritance Section of the Civil Code of the People's Republic of China": Loyalty agreements between spouses should be voluntarily fulfilled by the parties based on the principle of good faith. The law does not prohibit such agreements between spouses, but it also does not grant them enforceability. Considering the overall social effect, courts should not accept disputes over loyalty agreements between spouses.
 
From the above passage, we can see the following two key points:
 
First, fidelity agreements essentially fall within the emotional and moral realm. It is certainly good if the parties voluntarily comply, such as when the party who violates the agreement willingly leaves with nothing or pays a certain amount of money. However, if one party is unwilling to comply, they cannot be forced to do so. The author believes that the reason such agreements cannot be enforced is that it would not only increase the cost of marriage but also degrade the marital relationship built on mutual emotion and trust.
 
Second, if the court accepts such fidelity agreement disputes, the party seeking compensation under the agreement must prove both that the agreement is genuine and free from fraud or coercion, and that the other party has violated the agreement. This could lead one party to engage in spying to gather evidence, such as wiretapping, opening private letters, or even more severe violations of personal privacy. Emotional disputes between spouses could escalate into criminal cases, and the negative effects should not be underestimated. Therefore, based on overall considerations, the court may not accept standalone fidelity agreement disputes.